Mahoney

This is an action brought to restrain the board of education of the city and county of San Francisco from leasing certain premises dedicated to public school purposes. The property involved is on the southeasterly corner of Fifth and Market streets in San Francisco, and is known as the Lincoln school lot. After some formal allegations the complaint alleges that said property was in the year 1858 vested in the commissioners of the funded debt of said city and county; that in said year an act of the legislature was passed and approved, authorizing and empowering that commission to convey said property to the board of education of said city and county in trust to and for the use of public schools in said city and county; that thereafter, the said commissioners did make, execute and deliver to said board of education, as trustee and in trust to and for the use of such public schools, a conveyance and transfer of said property; that thereafter, by an ordinance of said city and county, known as the Van Ness ordinance, approved by an act of the legislature duly passed, the title to said property was confirmed in said board of education for the purpose of sites for sehoolhouses, and…